Miscellaneous Application No. 818/2021 in C.A. No. 8300/2016

ITEM NO.27+42 Court 8 (Video Conferencing) SECTION III-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSMiscellaneous Application No. 818/2021 in C.A. No. 8300/2016SANJAY SINGH &ORS. Petitioner(s) VERSUSSTATE OF UTTAR PRADESH & ORS. Respondent(s)(FOR ADMISSION and IA No.66573/2021-EXTENSION OF TIME and IA No.66574/2021-EXEMPTION FROM FILING O.T.WITHCONMT.PET.(C) No. 338/2021 in C.A. No. 8300/2016 (III-A)(IA No. 57181/2021 – EXEMPTION FROM FILING AFFIDAVITIA No. 57179/2021 – EXEMPTION FROM FILING O.T.)CONMT.PET.(C) No. 339/2021 in C.A. No. 8300/2016 (III-A)(IA No. 62037/2021 – EXEMPTION FROM FILING AFFIDAVITIA No. 62035/2021 – EXEMPTION FROM FILING O.T.)Diary No(s). 11275/2021 (III-A)(IA No. 58373/2021 – EXEMPTION FROM FILING AFFIDAVIT)Diary No(s).10242/2021IN SLP© NO.19561 and 19562/2019(XI)(IA NO. 53947/2021-EXEMPTION FROM FILING AFFIDAVIT)(IA NO. 53945/2021- EXEMPTION FROM O.T.) Date : 28-06-2021 These matters were called on for hearing today.CORAM :HON’BLE MR. JUSTICE SANJAY KISHAN KAULHON’BLE MR. JUSTICE KRISHNA MURARIFor Petitioner(s)Mr. Prakash Kumar Singh, AORMr. Harsh Mahan, Adv.Mr. O.P. Singh, Adv.Mr. Lalit Chahar, Adv.Ms. V. Mohana, Sr. Adv.Ms. Parul Shukla, AORMr. Arun Singh, Adv. Ms. Tanya Agarwal, Adv.Mr. Kamlendra Mishra, Adv.Mrs. Shubhangi Tuli, AOR2Ms. Preetika Dwivedi, AORFor Respondent(s) Mr. Vinay Kumar Garg, Sr. Adv.Mr. Ajay Kumar Singh, AORMr. Yatharth Singh, Adv.Mr. Parv Garg, Adv. Mr. Harish Pandey, AOR Mr. Mareesh Pravir Sahay, AOR Mr. Prakash Kumar Singh, AORFor applicant(s)Mr. Mukesh Verma, Adv.Mr. Yash Dhingra, AOR UPON hearing the counsel the Court made the following O R D E RCONTEMPT PETITION(C) No. 338/2021 and 339/2021Issue notice. Learned counsel for the respondents accepts notice. We are only inclined to examine the limited grievance quaParagraph 1(9) of the fresh advertisement dated 15-03-2021 to theextent that it provides that the period of service as an ad-hocteacher will be calculated on the basis of the date of firstdisbursal of the salary from the State treasury and till the lastdate of submission of the online applications. We say so as the respondents have not been disbursing thesalary.Thus, we fail to understand how disbursal of salary canbe the cut-off point. We had directed in terms of Paragraph 11 of our judgment dated26-08-2020 that benefits should be extended to the employees whereappointments have been made in compliance of Section 16-E3(sub-section 11) of the Act.Thus, it is clear that once thisbenefit is given to this category, the period of service for whichthis payment is to be made is liable to be counted for benefit ofweightage and non-payment of the amount under Paragraph 11 cannotbe the basis to shift the point of giving weightage. We may note for record that the direction for weightage is inParagraph 7 (c) and (h) of the same order. We, thus, direct the period of service to be calculated asaforesaid and to the extent Paragraph 1(9) of the advertisement tothat extent does not stand and is set-aside. The necessary clarification be issued within a week. The petition stands disposed of. Pending application(s), if any, stand disposed of. Any other issue which is stated to have also been raised in asubsequent substantive petition filed by the petitioner will beexamined in that matter. IA No. 66573 of 2021 in M.A. No. 818/2021 in CIVIL APPEAL No.8300/2016We are not inclined to grant the time period as prayed foreffectively taking the whole process forward by a year and makingit applicable from the next academic session starting in April,2022. On consideration of the problems which have arisen in the lasttwo months because of Covid-19 pandemic, we grant last opportunityto the respondent to comply with the directions on or before31-10-2021, failing which they will face the consequences ofnon-compliance of our orders. If the order is not complied with, the concerned Secretariesshall remain personally present to take the consequences of non-compliance. We, however, make it clear that the time extended is not anextension for the directions contained in Paragraph 11 of thejudgment dated 26-08-2020. Diary No. 10242/2021We have examined the interlocutory applications. The interlocutory applications are disposed of in terms of theorder passed in IA No. 66573 of 2021. List the matters for compliance on 09-11-2021. [MANISH ISSRANI] [POONAM VAID]COURT MASTER (SH) COURT MASTER (NSH)